Slip & Fall On School Property: Parent/Teacher Conferences Make All The Difference!

January 8, 2015

With winter cold settling in here in Massachusetts, it is time to get the snow blowers, shovels, and ice melt ready! But what about area schools? What obligation do cities have to keep schools and other municipal properties snow- and ice-free?

One Massachusetts parent took that issue to the Supreme Judicial Court. See Wilkins v. City of Haverhill, 468 Mass. 86 (2014). In February 2011, Michelle Wilkins was attending a parent-teacher conference when she slipped and fell on ice that had accumulated on the sidewalk of her child’s Haverhill school. Ms. Wilkins filed a complaint against the city in Superior Court, alleging that the city’s negligence in snow removal caused her injuries.

The city claimed that the “public use” or “recreational use” statute, G. L. c. 21, § 17C, immunized it from claims of negligence when it had opened its land to the public for educational purposes. The trial court ruled against Ms. Wilkins, barring her suit.

However, the S.J.C. reversed the ruling. The S.J.C. held that a school open for parent-teacher conferences is not open to the general public. Wilkins had received a special invitation; the school was closed to community members who did not have enrolled students. The court also reasoned that the “the benefit to the parent of a parent-teacher conference, albeit indirectly related to the child’s education, [does not constitute] an educational purpose for the parent within the meaning of the public use statute.” Wilkins, 468 Mass. at 91. For these reasons, the “public use” statute did not apply, and Ms. Wilkins could continue her suit.

This case, combined with the S.J.C.’s ruling in Papadopoulos v. Target Corp., 457 Mass. 368 (2010), appears to increase the possibility of municipal liability for ice- and snow-related injuries on school and other municipal properties.

If you have questions about how Massachusetts snow and ice laws affect you, or if you have suffered an injury from a slip and fall on ice or snow, contact the attorneys at Hutchins Law, P.C. for answers and assistance.

What our clients are saying...

We worked closely with Attorney Hutchins on two very important personal matters over the course of 18 months. He provided the thoughtful and deliberate counsel necessary, engaged additional expertise as required and was flexible with his availability. While some topics are difficult to address, he made the process effective and painless. We will return as needed and recommend with high regard.Chris & Renee - Southborough, MA

Attorney Hutchins has a very confident and proactive approach. He explored several methods to collect our monies and he did so in record time. I appreciate his ability to get to the heart of the matter without unnecessary meetings...he was right on top of it with terrific, timely communication.Dave - Westborough, MA

Thank you so much for the work you did in my case. I was nervous about the whole thing and I was in a lot of pain and I kept moving forward knowing that you would help me pull through. I am very grateful for the work you did, and the professional way it was handled. I work from home and I was having difficulty getting to your office and I appreciated you coming by with the papers for me to sign. That was above and beyond the call of duty. Thank you for all your help. I would highlyKathy - Hudson, MA

Thank you for the wonderful communication, patience and outstanding work on our behalf. Thank you for making us feel confident by giving all of the process a unique human touch that is usually absent with law stuff. Not sure how we would have done things without your professional support.
Silvano - Shrewsbury, MA

I cannot thank Attorney Hutchins enough for helping me with my case. He was aggressive and acted swiftly regarding on my behalf, yet, expressed the compassion and patience I needed. He also provided me with valuable guidance and kept me focused on my case. I have dealt with two other lawyers since my divorce and Attorney Hutchins is, by far, just what I need to address my matters. My case was resolved quickly, but I know that it will not be the last and will obtain Attorney Hutchins' services again. I am at the point where mediation is no longer applicableLeslie - Westborough, MA

I appreciated your honesty and the invaluable help you gave me. Thank you, from the bottom of my heart, for your sound advice.Stacey - Leominster, mA

I just wanted to say thank you very much for such a great job you did on our wills. We were both very impressed with your work. I would highly recommend you to any of my friends.Katherine - Worcester, MA

Thank you for your outstanding efforts in my defense. Your knowledge and professionalism were comforting as my end results were exactly as you had predicted. Should a friend become in trouble, I will certainly send them your way. Your reasonable fees equate to a ten times savings of what my costs would have been without you.Hannah - Worcester, MA

I truly do appreciate your willingness not only to help, but also to make that assistance more financially manageable for us. I may need to call you soon on other matters. Thank you very much for your time and support. I truly am grateful.
Christopher - Medway, MA

Hutchins Law, P.C. was an invaluable asset as I worked through the court system during my divorce proceedings. I knew I was in good hands and confident in their abilities; so much so that the team also worked with me through my estate planning. Attorney Hutchins is an irreplaceable, highly recommended talent.Jennifer - Shrewsbury, MA

Attorney Hutchins did a great job preparing needed estate planning documents for my brother. This was very important in enabling me to handle my brother's health and financial circumstances.Richard - Franklin, MA

Attorney Hutchins provided efficient and professional service. His communication and guidance was clear and concise. He answered all my questions before finalizing the documents. We finalized documents promptly at the agreed upon time; and they were well organized and professional. I would return to Hutchins Law, P.C. for any attorney needs; and would recommend them with confidence.Ken - Marlborough, MA

Attorney Hutchins handled our recent real estate closing. We were very pleased with his communication, attention to detail, and thoroughness. He handled every aspect of this transaction in a diligent, professional manner. What a breath of fresh air!Ellen - Shrewsbury, MA

Attorney Hutchins did an excellent job for me during my divorce. He lead me through the entire process and provided good advice. When it came to the agreement discussions and the court hearing, he represented me well and got me a fair settlement.Andy - South Grafton

Attorney Hutchins just helped us with an Estate plan. In the initial meeting, he explained the documents and process clearly. He was efficient with time and to the point. During the document review, he answered all of our questions over email and made the updates we requested. Document signing was just a breeze. Definitely recommend Attorney Hutchins for anyone looking to do estate planningAntony - Shrewsbury, MA

We initially used Attorney Hutchins for a traffic violation involving our teenage son. He was very knowledgable and helpful with the situation. After that, we used him twice with the last being a divorce mediation. He was extremely professional and thoughtful during the whole process. When issues came up, he was always available to help and resolve the matter quickly. Mr Hutchins was also about half the cost of other mediators I had priced. Durng a difficult time, it was nice to have someone that made the process less stressful. I would recommend him for any legal matter.Kayla - Grafton, MA

I contacted Attorney Hutchins for estate planning. He was fast, efficient and conscientious. The end result was a beautifully prepared package that is easy to navigate and reference. I am very impressed with how easy the process was and would highly recommend him.Lisa - Northborough, MA

I contacted Attorney Hutchins from Connecticut on short notice as I had received a speeding ticket in Massachusetts. An adverse judgment would have significantly impacted the insurance premiums for my whole family. After meeting with him at the courthouse he helped present my case to the Magistrate in a clear and concise manner which resulted in the Magistrate allowing the dismissal of my charges. I would strongly recommend Attorney Hutchins.Tom - Shrewsbury, MA

I've found Attorney Hutchins to be very professional, involved and personable. He answered all my questions and made sure I understood the answers. This is in distinct contrast with another legal firm I used in the past. My family and I have used his services three times in the past few years (legal defense, estate planning, and real estate) and won't hesitate to do so again if the need arises, which speaks for itself.Jonathan - Ashland, MA

I want to thank you for all that did for me. I felt that you listened, had great advice and provided a comfortable environment, not to mention that you were able to take care of my issue very quickly. I would recommend you to my friends and family and would definitely have you take care of any issues that require an attorney.Carmella - Hudson, MA

20000

Thank you so much for the work you did in my case. I was nervous about the whole thing and I was in a lot of pain and I kept moving forward knowing that you would help me pull through. I am very grateful for the work you did, and the professional way it was handled. I work from home and I was having difficulty getting to your office and I appreciated you coming by with the papers for me to sign. That was above and beyond the call of duty. Thank you for all your help. I would highlyKathy - Hudson, MA

I truly do appreciate your willingness not only to help, but also to make that assistance more financially manageable for us. I may need to call you soon on other matters. Thank you very much for your time and support. I truly am grateful.
Christopher - Medway, MA

Thank you for your services. I will recommend you to my friends.Tom - Shrewsbury, MA

We worked closely with Attorney Hutchins on two very important personal matters over the course of 18 months. He provided the thoughtful and deliberate counsel necessary, engaged additional expertise as required and was flexible with his availability. While some topics are difficult to address, he made the process effective and painless. We will return as needed and recommend with high regard.Chris & Renee - Southborough, MA

Thank you for assisting me with my case. You were very professional and efficient. I've never had a hearing move so quickly! Great job and I will absolutely recommend you to anyone needing legal counsel or representation.Rob - Sterling, MA

Thank you for the wonderful communication, patience and outstanding work on our behalf. Thank you for making us feel confident by giving all of the process a unique human touch that is usually absent with law stuff. Not sure how we would have done things without your professional support.
Silvano - Shrewsbury, MA

Hutchins Law, P.C. was an invaluable asset as I worked through the court system during my divorce proceedings. I knew I was in good hands and confident in their abilities; so much so that the team also worked with me through my estate planning. Attorney Hutchins is an irreplaceable, highly recommended talent.Jennifer - Shrewsbury, MA

Thank you for setting up our estate planning documents for us. Legal language is very "foreign" to us, so your understanding and patience in explaining the terms were of great help.
We also appreciated your flexibility in scheduling and efficiency in getting the documents finalized in less than 3 weeks after our initial consultation. We will definitely come back for future legal services.Yuanxin - Southborough

I cannot thank Attorney Hutchins enough for helping me with my case. He was aggressive and acted swiftly regarding on my behalf, yet, expressed the compassion and patience I needed. He also provided me with valuable guidance and kept me focused on my case. I have dealt with two other lawyers since my divorce and Aaron is, by far, just what I need to address my matters. My case was resolved quickly, but I know that it will not be the last and will obtain Attorney Hutchins's services again. I am at the point where mediation is no longer applicableElizabeth - Shrewsbury, MA

For 14 months, I retained Hutchins Law for a divorce matter. During that time, Attorney Hutchins served me with integrity and professionalism. He was always available to answer my questions and kepy me informed through telephone, email and written communication on the progress of the legal matter. I am pleased that I chose Hutchins Law to resolve my legal concerns.Allan - Northborough, MA

Thank you very much for taking over my very complicated case when everyone else refused to take me on as a client. For the last three years, I was losing every decision by the court. Thanks to your careful preparation, I was victorious at trial. Thanks to you, my children and I now have greater stability in our lives. You always had time for me and you have always carefully explored all options.
Marketa - Westborough, MA

The strengths that Attorney Hutchins showed - being aggressive, honest and looking out for my best interests are why I hired him to be my counsel and advocate. I could not and would not have gone through with my divorce without his guidance and strength. He was fantastic.Shelley - Leominster, MA

Thank you very much for your help in updating our Estate Planning documents. We were impressed by your professionalism and grateful that you made the process simple and convenient. Thank you for being very patient with us and allowing us to move with our own speed until we were ready. We will certainly consider Hutchins Law, P.C. for any legal matters in the future.Kristina - Marlborough, MA

I've found Attorney Hutchins to be very professional, involved and personable. He answered all my questions and made sure I understood the answers. This is in distinct contrast with another legal firm I used in the past. My family and I have used his services three times in the past few years (legal defense, estate planning, and real estate) and won't hesitate to do so again if the need arises, which speaks for itself.Jonathan - Ashland, MA

Thank you for making a sensitive subject easy to complete. The preparation of my estate plan from start to finish was completed in the most professional/friendly manner. Your responses to my questions were immediate. I will certainly pass your name to others that may require this service.Carol-Ann - Westborough, MA

Going through a divorce is close to a death as it can get. A relationship has died and your life will change forever. The breakdown, by nature, has sadness, anger, resentment and many other emotions. Too many to list. I honestly have wondered what type of person could insert themselves in this very difficult time in couples' lives. I always had in my mind it would have to be somewhat of a callous person in order to get through to the other side untarnished. I was wrong. Attorney Hutchins was a soft spoken and understanding person. He kept things on trackMike - Shrewsbury, MA

Attorney Hutchins made the process behind creating an estate plan much easier than we thought it would be. It was clear, professional, and easily executed. We feel much safer knowing that our interests are protected, especially as we welcome our first child into the family.Amber - Marlborough, MA

Attorney Hutchins was very professional yet personable when helping me with my estate planning needs. He explained everything clearly and made sure I had no unanswered questions (and I had many questions). My family had also used his services in the past, and we won't hesitate to use them again if the need arises.
Jonathan - Shrewsbury, MA

I contacted Attorney Hutchins for estate planning. He was fast, efficient and conscientious. The end result was a beautifully prepared package that is easy to navigate and reference. I am very impressed with how easy the process was and would highly recommend him.Lisa - Northborough, MA

My daughter was very nervous heading to court, but as soon as she met Attorney Hutchins, and saw how professional he appeared at court she instantly felt that everything would be OK. I would definitely recommend Mr. Hutchins to friends and family.Mary - Marlborough, MA